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HOSKINS v. STATE

No. 4534.

552 P.2d 342 (1976)

James HOSKINS, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

Rehearing Denied September 13, 1976.

Attorney(s) appearing for the Case

Gerald M. Gallivan, Director, and Roy Jacobson, Student Intern, Wyoming Defender Aid Program, Laramie, signed the brief and Gerald M. Gallivan, Roy Jacobson and Louis A. Mankus, Cheyenne, appeared in oral argument on behalf of appellant.

V. Frank Mendicino, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Crim. Div., and Donn J. McCall, Legal Intern, Cheyenne, signed the brief and Donn J. McCall and Robert L. Bath, County Atty., Green River, appeared in oral argument on behalf of appellee.

Before GUTHRIE, C.J., and McCLINTOCK, RAPER, THOMAS and ROSE, JJ.

Rehearing Denied September 13, 1976. See 553 P.2d 1390.

RAPER, J., delivered the opinion of the court, in which GUTHRIE, C.J., and THOMAS, J., joined. GUTHRIE, C.J., filed a separate concurring opinion. ROSE, J., filed a dissenting opinion in which McCLINTOCK, J., joined.

The appellant-defendant was tried before a jury on a charge of grand larceny. He was found guilty and sentenced. Amongst the instructions given by the trial...

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